Category: Drug Charges

The days of struggle are gone and interested individuals can now start their own cannabis business in Oakland, California. While the Adult Use of Marijuana Act (AUMA) already allowed people to use marijuana personally, people who were interested in starting their marijuana businesses had to wait until January 1, 2018 before they could sell it legally. Medical and Adult Use of Cannabis Regulation and Safety Act, abbreviated to MAUCRSA, contains the regulations that govern the licensing process of cannabis businesses. Those who want to start theirs in Oakland should consider hiring an Oakland marijuana lawyer to complete the process smoothly.

The Important Considerations When Starting a Cannabis Business in Oakland

It is highly recommendable for anyone interested in starting such a businesses to know the many terms and conditions that apply to them.

The Business Location

The first law you have to know entails your business’ location. Your cannabis business must not be within 600 feet of a K-12 school. In addition to that, you have to main the same 600-ft distance from other dispensaries in the area and youth centers. It is imperative that you realize how Oakland will measure that distance. In this particular case, the city will calculate the distance based on the path of travel. You will also have to have official documents to prove your occupation of the space before you open the business.

The Fee and the Permit

Next, you will complete the permit application form and submit it to the city of Oakland. Other important submissions include the following:

A complete security plan

A secure floor plan

Information on Energy Star

Business registration documents

Occupation documents

Plan for mitigation of odor

Plan for beautifying the community

$2,474 application fee

The Ten Sign-offs

That’s where things can get a bit difficult for you. At this point, you will receive a permit inspection card from the City Manager’s Office that requires you to visit ten different departments and get signatures. Depending on the type of cannabis business you do e.g. cultivation, extraction, etc. you might or might not have to get all the signatures. Here are the names of the offices from where you will get the signatures.

Be sure to check the details of which sign-offs your business will require.

The Equity Permit Program

The equity program can be quite confusing for most people looking to start their cannabis businesses in Oakland. Only a handful of the businesses can obtain the permit as equity-eligible whereas others have to find different routes. Businesses will have to choose to be equity incubator or equity eligible. The third and last option for businesses is to be patient until these restrictions go away. There is no timeframe on when the restrictions will be removed.

If you have read all the information carefully, you realize at this point that it is still not a smooth ride for anyone who wants to start a marijuana business in Oakland today. With so many controversial regulations and processes to complete, it only makes sense for you to have a marijuana lawyer in Oakland on your side throughout the process. Contact Earl Jiang at 866-263-7866 before you initiate the licensing process for your marijuana business.

Why Will I Need a Hayward Marijuana Crime Lawyer When I Can Smoke legally?

Adults in Hayward are allowed to smoke marijuana thanks to the after the legalization of the drug in California. The industry is growing rapidly and facilitating customers since then. However, as per different marijuana laws, consumers did not get complete freedom yet as a set of rules has applied on purchasing, smoking, and cultivation of the drug. The law allows you to retain one ounce of marijuana and cultivate six plants without making the knowledge public.

When it comes to medicinal purposes, a qualified patient can possess around eight ounces of the drug. These patients can grow six mature and 12 immature plants. There is no doubt that the state is tolerant to recreational or medical marijuana but a slight violation of rules can land a consumer into hot waters. This is why you are advised to consult with a Marijuana Crime Lawyer in Hayward if caught in following cases:

Smoking Marijuana In Public

Smoking a joint in public is considered a felony even after the legalization of the cannabis. It is suggested to consume the drug only on private property. The law bans smoking a joint in public places where tobacco is illegal as well. You might land in serious trouble if found smoking the drug around restaurants, school campuses, hospitals, and public parks.

Consuming Marijuana While Driving

Driving while smoking or even consuming edibles made from the drug is strictly prohibited. You may come in contact with serious consequences if caught in the influence of the drug when driving. The rule also regulates how you store marijuana in the car. You will face a fine of $70 if an unsealed marijuana container is found in your possession.

The Stance Of Federal Government On Marijuana

Federal law still outlaws the possession of the drug. Pot dispensaries are instructed to keep an eye on the consumers via gathering information which federal prosecutors and agents can seize. The adults who purchase or consume a legalized amount will less likely be affected by any federal action. However, to avoid any inconvenience, you should not cultivate, buy, or consume the drug for medical or recreational purposes without measuring all the legal formalities.

Provide All Required Information

You are expected to provide a valid ID when buying marijuana – or a valid and legitimate medical prescription. You can provide your driving license, passport, or military ID as well. Trying to buy marijuana on a fake ID is a felony can land you in a very serious predicament with the law.

Termination On Possessing Marijuana

Proposition 64 empowers an employer to alter their drug policy. It is quite complex to deal with circumstances like these when the state has legalized the drug but employer takes action against you for using marijuana. This is one of the matters that should be met legally to prevent further damage.

Bottom Line

Drug charges can stay with you for a long time if not dealt appropriately. Contact Earl Jiang at 866-263-7866 and get your case solved legally.

Talk to a Fremont Marijuana Crime Lawyer before Starting Your Marijuana Business

The cannabis industry is rapidly growing in the US after recreational marijuana was made legal to sell and use for adults in Freemont, California. The market has increased drastically, which brings an opportunity invest in the personal Marijuana business. This business idea is surely distinctive and extremely difficult to establish from other businesses. The drug is legalized now but you may need an attorney to start your organization steering clear of illegal practices.

A marijuana lawyer is the key player and will play an instrumental role in helping you legally bypassing the formalities and the legalities required to start a marijuana business. Marijuana businesses may involve complex requirements which a certified attorney can handle preventing you from landing in potential trouble.

Plus, there are two separate laws that govern the marijuana industry – especially when you talk about setting your own 4/20 business – the laws are – (MCRSA) which is short for the Medical Cannabis Regulation & Safety Act and An adult use of Marijuana act (AUMA), which is short for Adult Use of Marijuana Act.

Moreover, it is worth noting that each law is significantly different than other. However, the process of building up the drug business is similar to either one of the above mentioned regulatory schemes.

Reasons Why You Should Meet A Marijuana Crime Lawyer Before Setting Up Your Cannabis Business

Help in Official Dealing

There will be multiple corporate forms your business may require such as limited partnership (LP), general partnership (GP), limited liability partnership (LLP), sole proprietorship, or a corporation. An experienced attorney will work to make your business official by registering it with the state department of California.

Permission from Local Government

You need to submit a proof that county or municipal government has permitted you to set up the business as a condition of your application when obtaining a license for MCRSA business. The local government applies a different rule to AUMA. You are expected to get permission from the local government, in either case, to run your business smoothly.

The procedure of attaining a local conditional use permit (CUP) is a complex and expensive process at the same where you may need a legal help. This is because your business should comply with local zonings legal formalities. In most cases, a marijuana business is only allowed to operate in industrial zones. It is often not permitted to run a cannabis business from residential and commercial areas specifically the ones located near parks and schools.

To Obtain State License

Obtaining a state license could become an overwhelming experience. The AUMA has created 19 licenses for adult use of cannabis businesses whereas 17 licenses are allowed for MCRSA. AUMA does not restrict a business owner from manufacturing, growing, selling or testing marijuana. However, MCRSA provides license only for medical purposes.

You should expect an extensive procedure when applying for a state license in this context. Each condition comes with a series of complex steps and demands attention to details. For instance, you might need to provide information about the fertilizers and pesticides you will use, the size of your farm, waste removal, storage, and consumption of water when applying for cultivation license for AUMA.